Compensation for Sexual Harassment

Last week my blog looked at practical guidance for those suffering from Sexual Harassment in the Workplace.

This week, I have set out the compensation available should complaints of Sexual Harassment result in a claim in the Employment Tribunal.

If a Claimant succeeds in a claim of this nature, section 124 (2) of the Equality Act 2010 confirms that an Employment Tribunal may:

Make a declaration as to the rights of the Complainant and the Respondent in relation to the matters to which the proceedings relate;

Order the Respondent to pay compensation to the Complainant;

Make an appropriate recommendation.

For the purposes of this blog, I have concentrated only on compensation. In this respect, the successful Claimant could look to recover two types of compensation. Firstly, compensation for loss of earnings and secondly, compensation for injury to feelings.

In relation to loss of earnings

The Employment Tribunal should, so far as possible, look to put the Claimant into the position they would have been in but for the discrimination taking place. This will always depend on the individual circumstances of any case. However, it tends to involve a calculation of how much money was lost due to the discriminatory treatment.

In relation to injury to feelings

In Vento v Chief Constable of West Yorkshire Police (No. 2) [2002] EWCA Civ 1871, the Court of Appeal identified three broad bands of compensation. The lower band of £500 to £5,000, the middle band of £5,000 to £15,000 and the upper band of £15,000 to £25,000. These rates were subsequently uplifted to take into account inflation in Da’Bell v NSPCC (2009) UKEAT/0227/09 IRLR 19 and rose to £600 to £6,000, £6,000 to £18,000 and £18,000 to £30,000 respectively. However, most recently and following a Judicial Consultation, from 11 September 2017 the lower band is now £800 to £8,400, the middle band is £8,400 to £25,200, the upper band is £25,200 to £42,000 and exceptional cases are over £42,000.

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